The 40% threshold: between practical utility and the illusion of certainty
Romanian competition law presumes dominance at 40% market share. The threshold is
clear, operational, and, in its own way, elegant. It is also, on its own, an incomplete
answer to a question that is fundamentally economic. A firm with 45% of the relevant
market may face vigorous competitive constraints that prevent it from behaving
independently; another with 38% may enjoy structural advantages that amount to
genuine market power.
